Common Open Meeting Law Myths

Fact: The OML requires the body to establish a schedule for regular meetings and keep that schedule on file at its primary offices. If the body changes the time or location from the regular meeting schedule, an advance notice must be provided.

Fact: The OML doesn’t require it, but many public bodies adopt all or part of Roberts Rules of Order or some other parliamentary process as part of their bylaws or other procedures.

Fact: There is not a remedy in the OML that reverses or voids a public body’s actions or decisions made during an illegal meeting. The penalties for violations of the OML are court imposed fines and, in some cases, forfeiture of office. In addition, no government entity investigates OML violations or otherwise enforces the law. All enforcement must be done through the court system.

Fact: Generally, the OML gives the public the right to attend meetings of public bodies in order to watch and listen to the proceedings. It does not guarantee the right to speak at an open meeting. If a public body chooses to allow public comments, the body can set the rules for commenters.

Fact: With limited exceptions, the OML does not require preparation of agendas or minutes. Section 13D.01, subdivision 4, does require public bodies to record and maintain votes of its members. In addition, Minnesota’s Official Records Act (Minnesota Statutes, section 15.17) requires the public body to “make and preserve all records necessary to a full and accurate knowledge of [its] official activities.”

Fact: The OML is silent about the timing on the release of meeting minutes. Various advisory opinions have discussed that notes taken at a meeting for the purpose of preparing minutes, and minutes in draft form, are public data and must be provided to anyone upon request (see Advisory Opinions 04-018 and 00-030).